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of <h1>Court orders immediate payment to bank in winding-up case, emphasizes creditor settlements</h1> <h3>Avinash Chander Kapoor Versus RP. Hydro Oils Ltd. (In Liquidation)</h3> Avinash Chander Kapoor Versus RP. Hydro Oils Ltd. (In Liquidation) - [2006] 66 SCL 370 (PUNJ. & HAR.) Issues:1. Disbursement of one-time settlement amount to the State Bank of India.2. Adjudication of claims of workmen and other secured creditors.3. Payment obligations of the ex-managing director in case of workmen's claims.Analysis:1. The judgment pertains to a winding-up order issued in C.P. No. 77 of 1992 against a company, leading to the appointment of the Official Liquidator who took control of the company's assets and records in May 1994. An application was filed by the ex-management regarding a suit by State Bank of India, which was decreed in 1998. The property was subsequently sold at auction for Rs. 31,21,100, with the bank agreeing to a one-time settlement of Rs. 26,97,000. The Court ordered the disbursement of the settlement amount to the bank from the sale proceeds.2. The State Bank of India, as a secured creditor, requested the settlement amount from the sale proceeds. However, the Official Liquidator argued that the claims of workmen and other secured creditors were pending adjudication, making it premature to release the amount to the bank. The Court noted the delay in addressing creditors' claims over ten years and directed the disbursement of the settlement amount to the bank immediately.3. The judgment outlined the ex-managing director's obligation to pay any balance determined from the workmen's claims to the Official Liquidator promptly. Failure to comply would result in contempt proceedings and penal interest. The bank confirmed that receipt of the settlement amount would satisfy all liabilities of the ex-managing director and related sureties. The Court disposed of the Company Application with the specified directives for disbursement and payment obligations.This judgment emphasizes the prioritization of settling creditor claims in a winding-up scenario, ensuring timely disbursement of settlement amounts to secured creditors while holding responsible parties accountable for any outstanding obligations towards workmen or other claimants.
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